Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial...more
5/13/2024
/ Bermuda ,
British Virgin Islands ,
BVI Business Companies ,
Cayman Islands ,
Commercial Litigation ,
Creditors ,
Debtors ,
Dispute Resolution ,
Distressed Debt ,
Insolvency ,
Liquidation ,
Subordination Agreement ,
Winding Up Petitions
On 5 February 2024, the Honourable Justice Paul Webster granted a restoration order (the “Order”) pursuant to section 218A of the BVI Business Companies Act (Revised Edition 2020) (as amended) (the “Act”), declaring the...more
On 8 February 2024, the Honourable Mr Justice Paul Webster KC dismissed an application to set aside a statutory demand served on Angola Group Holdings Limited (the “Company”) by Bai Jun Tian Cheng Limited (“Bai Jun”). Conyers...more
For businesses that are family-owned and run in jurisdictions such as Hong Kong, Mainland China and Taiwan, it is common for beneficial ownership and control of the business enterprise to be vested in the shareholders of a...more
10/9/2023
/ Beneficial Owner ,
British Virgin Islands ,
Business Entities ,
BVI Business Companies ,
China ,
Corporate Restructuring ,
Debt ,
Debtors ,
Estate Planning ,
Holding Companies ,
Hong Kong ,
Incorporation ,
Jurisdiction ,
Privacy Laws ,
Shareholders ,
Taiwan
The Cayman Islands Grand Court recently delivered its judgment in Re Shinsun Holdings (Group) Co., Ltd. FSD 192 of 2022 (DDJ) (21 April 2023) (unreported) (the “Shinsun Judgment”) in which the court determined the ultimate...more
9/8/2023
/ Appeals ,
Bermuda ,
British Virgin Islands ,
Cayman Islands ,
Commercial Litigation ,
Companies Act ,
Corporate Restructuring ,
Creditors ,
Dispute Resolution ,
Hong Kong ,
Insolvency ,
International Finance ,
Investment Schemes ,
Investors ,
UK
Offshore Trust and Estate Litigation Update Series – Part II -
Following on from Part I of this series which summarised the Cayman Court’s consideration of a trustee’s application for the “blessing” of a “momentous...more
5/1/2023
/ Appeals ,
Beneficiaries ,
British Virgin Islands ,
Cayman Islands ,
Cross-Border ,
Offshore Companies ,
Oral Communications ,
Private Company Shares ,
Res Judicata ,
Trustees ,
Trusts ,
Wills
Offshore Trust and Estate Litigation Update Series – Part I -
Trust and estate disputes in both the Cayman Islands and the BVI, and claims against the actions of a trustee/executor or disputes related to an interested...more
The holding company of many corporate groups trading in Asia is frequently incorporated in an offshore financial centre such as the British Virgin Islands (“BVI”). It is therefore common for high-net-worth individuals...more
In October 2022, the Privy Council delivered its judgment in the Z Trust case of Equity Trust (Jersey) Ltd (Respondent) v Halabi (in his capacity as Executor of the Estate of the late Mdam Intisar Nouri) (Jersey) which was...more
1/3/2023
/ Bermuda ,
British Virgin Islands ,
Cayman Islands ,
Creditors ,
Hong Kong ,
Indemnification ,
Indemnity ,
Insolvency ,
Trustees ,
Trusts ,
UK Privy Council
Many high-net-worth individuals have used companies incorporated in offshore financial centres, such as the British Virgin Islands (“BVI”) to hold their assets and business. When they plan their estate or distribute the...more